DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baiada Farms Pty Ltd
(AG2015/417)

BAIADA FARMS PTY LIMITED (TANON) ENTERPRISE AGREEMENT 2015-2019

Poultry processing
DEPUTY PRESIDENT KOVACIC	SYDNEY, 2 APRIL 2015

Application for approval of the Baiada Farms Pty Limited (Tanon) Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Baiada Farms Pty Limited (Tanon) Enterprise Agreement 2015-2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Baiada Farms Pty Limited. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 April 2015. The nominal expiry date of the Agreement is 8 March 2019.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Baiada Farms Pty Ltd was before the Fair Work Commission, where the matter related to the application for approval of the Baiada Farms Pty Ltd (Tanon) Enterprise Agreement 2015-2019. The dispute involved the proposed agreement between Baiada Farms and its employees, seeking the Commission's endorsement. The central issue was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues revolved around whether the agreement complied with the procedural requirements for enterprise agreements, including proper consultation, the fairness of the terms, and the agreement's coverage of all necessary aspects. The Commission examined whether there had been genuine bargaining between the parties, and if the terms of the agreement were fair and reasonable. Additionally, the court assessed if the agreement covered all the mandatory subjects required by the Fair Work Act.

In reaching its decision, the Fair Work Commission found that the agreement had been made following proper consultation and genuine bargaining processes. The Commission was satisfied that the terms of the agreement were fair and reasonable, considering the context of the industry and the bargaining positions of the parties. The agreement was also found to cover all mandatory subjects as required by the Fair Work Act. Consequently, the Commission approved the Baiada Farms Pty Ltd (Tanon) Enterprise Agreement 2015-2019.

The Commission's final order was the approval of the enterprise agreement, which was deemed to be compliant with all statutory requirements and therefore enforceable. This decision ensured that the terms of the agreement could be implemented between Baiada Farms and its employees, providing a framework for their employment relationship during the specified period.

Baiada Farms Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established